California Fair Employment and Housing Act

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The Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) both require employers to make reasonable accommodations for qualified individuals with disabilities, provided that the accommodations do not impose an “undue hardship” on the employer.

By definition, a reasonable accommodation is any modification or adjustment to a job, to an employee’s work environment, or to the way things usually are done that enables a qualified individual with a disability to enjoy an equal employment opportunity. It also is any modification or adjustment that allows an employee to perform the essential functions of a job that similarly situated employees without disabilities hold. The reasonable accommodation process can be tricky to navigate, and mistakes can lead to unwanted litigation. Here is a list to help you identify and avoid the most common employer mistakes.
Continue Reading Top 10 Mistakes to Avoid During the Reasonable Accommodation Process

Affirming summary judgment in favor of an employer on an employee’s disability discrimination claims under the California Fair Employment and Housing Act (“FEHA”), the California Court of Appeal has ruled that the employer was not required to eliminate essential functions of a position as a reasonable accommodation. Nealy v. City of Santa Monica, No. B246634 (Cal. Ct. App. Feb. 13, 2015). The Court further held that reassigning the employee to a position for which he was not qualified and granting him an indefinite leave of absence until a suitable position became available also were not reasonable accommodations. As to the employee’s retaliation claim, the Court held that a request for a reasonable accommodation alone was insufficient to establish the employee engaged in protected activity.
Continue Reading Removing Essential Job Functions Not Reasonable Disability Accommodation Under California Law, Court Rules

At the recent close of the 2014 legislative session, Governor Brown signed into law AB 1660, which makes it unlawful for an employer to discriminate against an employee because of his or her driver’s license.
Continue Reading Catch-22 for Employers: Governor Signs Bill Prohibiting Discrimination Based on Driver’s License